ARB Resolution Number 09-34 

Adopting the Proposed Revision to the 2007 State Strategy 
J . . 

State. of Cafifornia 

AIR RESOURCES BOARD 

Resolution 09-34 

April 24, 2009 

Agenda Item No.:. 09-4-8 

WHEREAS, the Legislature in .Health and Safety Code section 39602 has designated 

the Air Resources Board (ARB or Board) as the air pollution control agency for all 

purposes set forth in .federal law; 

WH.EREAS, ARB is responsible for the preparation of the State Implementation Plan 

(SIP) for attaining and maintaining the national.ambient air quality'standards {NAAQS) 

as required by.the federal Clean Air Act (the "Act";.42 U.S.C. section 7401 et seq.), and 

to this end is directed by. Health and Safety Code section 39602 to coordinatek the 

activities of all local and. regional air pollution control and air quality management 

districts (districts)- necessary. to comply with the Act; 

WHEREAS, section 39602 of the Health and Safety Code also provides that the SIP 

shall include only those provisions necessary to meet the requirements of the Act; 

WHEREAS, ARB has primary responsibility for the-control of air pollution from vehicular 

sources, including motor vehicle fuels,-as specifed in sections .39002, 39500, and part 5 

.(cornmencing with section 43000) of the Health and Safety Code; and for ensuring that 

the Districts meet their responsibilities under the Act pursuant .to sections 390021 39500, 

396.02, 40469, and.41650 of the Health and Safety Code; 

( WHEREAS, ARB is authorized by Health and Safety' Code section 39600 to do such 

acts as may be necessary for the proper execution of its powers and duties; 

WHEREAS, in July 1997 the United States Environmerital Protection.Agency. 

(U.S. EPA) promulgated a new . 

 8-hour NAAQS for ozone of less than 0.08 parts per 

million; 

WHEREAS, in July 1997 U.S. EPA promulgated a new particulate matter NAAQS for . 

particulates.that are less than two and a half microns.'in diameter (PM2.5); the standard 

is less than 65 micrograms per cubic meter for 24 hours and an annual average of less 

than 15 micrograms per cubic meter; 

WHEREAS, the Act and U.S. EPA regulations require the State of California to submit 

to U.S. EPA a SIP to demonstrate attainment of the national 8-hour ozone standard .for 

all ozone nonattainment areas designated as basic, moderate, serious, severe, and 

extreme; 
Resolution 09-34 2 

WHEREAS,. U.S. EPA's guidance requires each nonattainment area to submit a 

demonstration that it has adopted all reasonably available control .measures (RACM) 

necessary to demonstrate attainment as expeditiousiy as practicable; 

WHEREAS, section 110(I) of the Act and title 40- C:F.R. section 51.102 require that one 

or more public hearings, preceded by at Ieast 30 days notice and opportunity for public 

review, must be condu.cted prior.to the adoption and submittal to U.S. EPA of any SIP 

revision; 

V1/HEREAS, the Caiifornia Environmental Quality Act requires that no project which may 

have significant adverse environmental impacts may be ad.opted as originally proposed 

if feasible alternatives or mitigation rrieasures are available to reduce or eliminate such 

impacts; unless specific overrid.ing considerations are identified which outweigh the 

potential adverse consequences of any unmitigated impacts; . 

V1/HEREAS,. the Air Resources 8oard's State Strategy for California's 2007 State 

Implementation P/an'(State Strategy) ;adopted on September 27, 2007„ relies ori 

emission reductions from already adopted State controi`programs and expected 

reductions from proposed new State meas:ures; 

WHEREAS, the State's S1P commitments in the State Strategy consist of three 

components: a commitment to achieve aggregate erriission reductions by specific dates, 

a commitment to propose defined, new SIP measures, and a long-terrn. strategy . 

commitment; 

WHEREAS, on November 16 ;2007., ARB submitted the adopted State Strategy to 

U.S. EPA as a revision to the California SIP; 

1/VHEREAS, U.S."EPA staff has requested cl'arifying changes to the State Strategy to. 

aid U.S. EPA in its approval of California's SIP revision; 

WHEREAS, on M6rch'24,. 2009, AR.B staff circulated for public review a Status Report . 

on the State Strategy for California's 2007 State,lmplementation. Plan (SIP) and 

Proposed Revision to the SIP Reflecting Implementation of the 2007 State Strategy 

(Status Report and SIP. Revision); 

WHEREAS, on March 26, 2009, ARB adopted the 2009 Sacramento Regional 8-Hour 

Ozone Attainment and Reasonable.Further Progress Plan and committed to achieve 

from State measures reductions of nitrogen oxide (NOx.) emissions •of 13 tons per day 

(tpd) and reductions of reactive , organic gas (ROG) emissions of 11 tpd in the 

Sacramento area; these reductions may be achieved through a combination of actions, 

including regulations, incentives, and other enforceable mechanisms; 

WHEREAS, the Status Report and SIP Revision quantifies the emission reductions 

achieved to date for the South Coast Air Basin and San Joaquin Valley; 
Resolution 09-34 3 

WHEREAS, the Status Report and SIP Revision makes changes to the commitment to 

achieve specified emission reductions by specific dates; these changes reflect 

implementation of the State Strategy that has occurred since the State 'Strategy was 

adopted; 

WHEREAS, the Status Report and SIP Revision makes changes to the commitment to 

propose defined new SIP measures; these changes reflect regulatioris adopted in 2007 

and 2008; 

WHEREAS, the Status Report and SIP Revision makes changes to, the long-term 

strategy comrriitment to provide further detail and clarification;. 

WHEREAS, the Status Report and SIP Revision makes other minor, technical changes 

to the State Strategy; 

WHEREAS, the proposed SIP revision-quantifies the emission reductions that have 

been achieved by reguiations adopted by ARB to date, and no changes have been 

made to the underlying commitments in the 2007 State Strategy to achieve specified 

emission reductions by specified dates; _ 

WHEREAS, in consideration of'the Status Report and SIP Revision and the written and . 

&al testimon.y presented by the public, industry, and government agencies, the Board 

finds that: 

`1. . In 2007 and 2008; ARB a.dopted rules for 10 measdres that were identified in the 

- 2007 State Strategy. In total, this represents 11 separate rulemakings. 

2.. ARB has also adopted three rules that will achieve ozone and fiine particulate 

matter precursor reductions that were not identified as spe.cific measures at the 

time the 2007 State. Strategy was adopted. ° 

3. California now has in place programs and regulations that will achieve 95 percent 

of the reductions in NOx needed to meet the PM2.5 standard in the San Joaquin 

1lalley and 87 percent of the reductions needed'for PM2.5 attainment in the 

South Coast. 

4. California has achieved over 93 percent of the reductions needed from near-term 

measures for ozone attainment in the San Joaquin Valley and ninety percent of 

the reductions needed in the South Coast. 

5.. ARB staff has calculated emission reductions from the implementation of the 

State Strategy for the Sacramento area, and those reductions are 13 tpd of NOx 

and 11 tpd of ROG. . 

6. The prQposed revision to the State Strategy identifies the regulations adopted by 

ARB that were proposed 'as new measures in the 2007 State Strategy.- 

7. The proposed -revision to the State Strategy includes, clarifying changes 

requested by U.S. EPA to aid U.S. EPA approval. 
Resolution 09-34 :1' 

B. The proposed revision contains a commitment that.ARB will revise the State 

Strateg.y as may be appropriate in a 2010 mid-course review and subm it it to 

U.S. EPA as a SIP'revision by June 30, 2010.. 

9. The proposed revision to the State Strategy clarifies ARB's c.ommitment to 

reduce emissions via a long-term strategy.to achieve reductions from new and. 

developing technologies. 

10. The proposed revision to the State Strategy includes the changes and -additions 

made by the Board to the Apri1.2007 draft of the State Strategy.when it adopted 

the State Strategy on September 27, 2.007. 

11. The proposed revision includes the commitment for emission reductions from the 

State Strategy for the Sacramento area that the Board approved on 

March 26, 2009. 

12. The proposed revision will not result in any significant adverse. environmental . 

impacts. . - 

13'. The proposed revision meets the applicable'requirements established by the Act 

and U.S. EPA regulations. 

14.. The proposed revision meets the applicable public hearing, public notice and 

revievii requirements established by the Act and U.S. EPA regulations. 

NOW, THEREFORE, BE IT RESOLVED that the Board adopts the proposed S1P 

revision, as set forth in Attachment A to this resolution; 

BE IT FURTHER RESOLVED directs the Executive Officer to work with the U.S. EPA 

and take appropriate action to resolve any.com'pleteness or.approvability issues that 

may arise regarding the proposed SIP revision; 

BE IT FURTHER RESOLVED that the Board certifies 'pursuant to 40 C..F.R.., ... 

section 51:102'that the proposed SIP revision was adopted after notice atid public 

hearing as required by 40 C:F.R. section 51.102, and. directs the. Executive Officer to. 

submit the appropriate supporting documentation to U.S. EPA along with the approved 

SIP revision. 

I herebycertify that the above is a true and 

correct copy of Resolution 09-34, as 

ad~ opted by the Air Resources Board: 
Status Report on the 

State Strategy 

No.te: The portion of this report that is being approved as a revision to California's State 

Implementation Plan is pages 9 9 through 27.